Thank you for your support of Scratch Paper, Inc., (“Scratch Paper,” “we,” “us,” or “our”),
which operates the website located at scratchpaper.org and other websites (collectively, the
“Website”) and related application programming interfaces (“APIs”), mobile applications and
online services, including, but not limited to, the WordPress website and related applications,
any Downloadable Content (as defined below), and any other products and services that
The company may provide now or in the future (collectively, the “Services”). The following Terms of
Service are a legal contract between you (“you” and “your”) and Scratch Paper regarding your
use of the Services. Visitors and users of the Services are referred to individually as “User” and
collectively as “Users”. Use of the Services is governed by these Terms of Service and our
Scratch Paper Privacy Policy and Scratch Paper Kids Privacy Policy (as applicable to which
Services you choose to use), where the Privacy Policy describes the personal information that
we collect and how we use and share it.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING
FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING
TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD
TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF
SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE. IF YOU ARE SCHOOL
PERSONNEL (AS DEFINED BELOW) AND YOU REGISTER A SCHOOL USER (AS DEFINED
BELOW), YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE SCHOOL USER IS
BOUND BY THE TERMS, UNLESS YOUR INSTITUTION HAS A SEPARATE WRITTEN
SERVICE AGREEMENT WITH SCRATCH PAPER THAT ACCEPTS THESE TERMS ON
BEHALF OF SCHOOL USERS.
PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION,
INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO
THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO
LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE
YOUR CASE.
- Eligibility; Accounts
THE WEBSITE IS NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR
REMOVED FROM THE WEBSITE BY SCRATCH PAPER, OR (B) ANY PERSONS UNDER
THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL
PARENT OR GUARDIAN (OR, FOR SCHOOL ACCOUNTS, BY SCHOOL PERSONNEL AS
PERMITTED UNDER THE TERMS).
1.1. Acceptance
By clicking the “I Agree” button or by otherwise using or registering an account for the Services,
you represent that (i) you are a US resident at least 13 years of age, or (ii) you are not a US
resident, and are of legal age of consent to open an account under the laws of your country of
residence, or (iii) your use of the Services has been approved by your parent or legal guardian,
or by your school or teacher for school use. You also represent that you have not been
previously suspended or removed from the Services by Scratch Paper, and that your
registration and your use of the Services is in compliance with any and all applicable laws.
1.2. Account
In order to use certain features of the Services, you must register for an account. You may be
asked to provide a password in connection with your account. You are solely responsible for
maintaining the confidentiality of your account and password, and you agree to accept
responsibility for all activities that occur under your account or password. You agree that the
information you provide to Scratch Paper, whether at registration or at any other time, will be
true, accurate, current, and complete. You also agree that you will ensure that this information
is kept accurate and up-to-date at all times. If you have reason to believe that your account is
no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your
account ID or password), then you agree to immediately notify Scratch Paper. You may be liable
for the losses incurred by Scratch Paper or others due to any unauthorized use of your Services
account.
1.3. Integrated Service
Scratch Paper may permit you to register for the Services through, or otherwise associate your
Scratch Paper account with, certain third party social networking or integrated services, such as
Facebook Connect and Google (“Integrated Service”). By registering for the Services using (or
otherwise granting access to) an Integrated Service, you agree that Scratch Paper may access
your Integrated Service’s account information, and may store and use certain information
already associated with the Integrated Service consistent with our Privacy Policy, and you agree
to any and all terms and conditions of the Integrated Service regarding your use of the Services
via the Integrated Service. You may revoke Scratch Paper’s access to your account on any
Integrated Service at any time by updating the appropriate account settings of the respective
Integrated Service. You should check your privacy settings on each Integration Service to
understand and change the information sent to us through each Integration Service. You agree
that any Integrated Service is a Reference Site (as defined below) and you are solely
responsible for your interactions with the Integrated Service as a result of accessing the
Services through the Integrated Service. Scratch Paper does not control the practices of
Integrated Services, and you are advised to read the Privacy Policy and terms and conditions of
any Integrated Service that you use to understand their practices.
1.4. Child User
If you are under the age of 13 (a “Child User”), you may not create or register an account for
the Services without consent and approval from your legal parent or guardian, or from your
school as provided in Section 1.6 (School Use). If you are under the age of 18, you represent
that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except
for accounts created for School Use as provided in Section 1.6 (School Use), a Child User that
begins the registration process for himself or herself without a Parent User (as defined below)
may have the registration process restricted until a parent approves or assumes responsibility
for the Child User account. A Child User may use the Services if registered through certain
educational organizations or, in certain cases, by School Personnel that have entered into a
relationship directly with Scratch Paper, so long as the education organization has obtained
parent or guardian consent, or has complied with an exemption to parent consent requirements
under applicable law. A Child User will only be permitted to use the Services for so long as
Scratch Paper reasonably believes that such access has been consented to by the Child User’s
parent or guardian, or by School Consent (as discussed in Section 1.6, “School Use”).
1.5. Parent User
If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks
to register as a Child User of the Services, you may register a parent account on the Services
(“Parent User”). Through a Parent User account, you may create, register, manage and
approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal
guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR
OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND
WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND
YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER,
INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY
THE CHILD USER. You acknowledge that Scratch Paper may choose, but is not obligated, to
make any inquiries, either directly or through third parties, that Scratch Paper deems necessary
to validate your registration information, including without limitation engaging third parties to
provide verification services. Scratch Paper reserves all rights to take legal actions against
anyone who misrepresents personal information or is otherwise untruthful about their identity.
NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT Scratch Paper
CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY
USER AND Scratch Paper IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER,
INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT
IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH
CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all
associated Child User accounts, may be terminated by Scratch Paper at any time and without
warning for any failure to abide by these Terms.
1.6. School Use
Scratch Paper may make available certain features and tools that permit Users registered as
teachers, school leaders, aides, or other similar school personnel (“School Personnel”) to work
with students and other Users through the Services in order to provide such students with
tutorial, educational and other education-related services as part of the school’s curriculum, and
to review and evaluate educational achievement and progress of such students. If you are
School Personnel accessing the Services on behalf of a school, school district, or other similar
educational institution (an “Institution”), the following terms apply to you:
1.6.1. Limitations on Use. The Services and Website are provided to you for educational
purposes as part of the school curriculum. You must use the Services and the Website in
compliance with all applicable laws, rules, and regulations. You agree not to reproduce,
duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the
Services, the Website, or access to the Services or Website.
1.6.2. Responsibility for Consent and Notices. You and/or the Institution assume sole
responsibility for obtaining any consents required from parents or guardians, and for providing
appropriate disclosures to School Users and their parents regarding the School Users’ use of
the Services, our Terms, and our Privacy Policy. You agree to be bound by these Terms on
behalf of the School User, for so long as the School User account is not transferred to or
assumed by a valid Parent User account or personal account for a Student of eligible age. IF
YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER
OR OTHER STUDENT (EITHER, A “SCHOOL USER”) OR DIRECT A SCHOOL USER TO
CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU
HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH SCHOOL USER’S PARENT
OR LEGAL GUARDIAN OR THAT YOU (OR YOUR INSTITUTION) HAVE COMPLIED AND
WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF AN EXEMPTION FROM OR
EXCEPTION TO PARENTAL CONSENT REQUIREMENTS, NECESSARY FOR YOU TO
REGISTER THE SCHOOL USER FOR THE WEBSITE AND PROVIDE TO Scratch Paper THE
INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH
SCHOOL USER. Specifically you agree, individually and on behalf of the Institution, that: - (i) You are familiar with and agree to be responsible for compliance with the Family
Educational Rights and Privacy Act and the US Department of Education’s implementing
regulations at 34 CFR Part 99 (collectively, “FERPA”), and all other laws, rules or
regulations concerning the collection, use, and disclosure of personally identifiable
information about Users in your Institution (collectively, “Applicable Privacy Law”). - (ii) You assume sole responsibility (and hereby agree that Scratch Paper is not
responsible for) for providing appropriate notices and disclosures to students using
Scratch Paper for classroom use (“Students” or “Student Users”) and their parents
regarding Student use of the Website, our Terms, and our Privacy Policy, including any
notices required by the Children’s Online Privacy Protection Act (“COPPA”), FERPA, or
other Applicable Privacy Law. - (iii) You assume sole responsibility (and hereby agree that Scratch Paper is not
responsible) for obtaining any consents required from parents or guardians, to the extent
required under COPPA, FERPA or other Applicable Privacy Law, in connection with the
Services, use of the Website for classroom use (including use of Linked Accounts
referred to in Section 1.8, “Linked Accounts”), and disclosure of personally identifiable
information to Scratch Paper in connection therewith. You represent and warrant to
Scratch Paper that, prior to creation of accounts for School Use, you have either
obtained all necessary parent or guardian consents, or have complied and will comply
with all applicable requirements of an exemption from or exception to parental consent
requirements, including:
● under FERPA, you have complied and will comply with the “school official” exception, or
the “directory information” exception thereunder; and
● under COPPA, with respect to Students under the age of 13, you are acting as the agent
of the parent and consenting on their behalf to the sharing of the Student’s personal
information.
We refer to this as “School Consent”. If a Parent User does not consent or rescinds such
School Consent, School Personnel or the Institution shall immediately notify Scratch Paper to
discontinue that Student’s access to the Services and ensure that such Student’s information is
no longer accessible through the Services. Under no circumstances will Scratch Paper be liable
for the School Personnel’s failure to consult their school’s authorities and administrators or for
failing to obtain School Consent when required. - 1.6.3. Identification of School Accounts. Students and School Personnel may have
personal accounts, in addition to accounts established for use in the classroom and
associated with the Institution’s use of the Services (“School Accounts”). If the
Institution has a separate written service agreement with Scratch Paper that includes
rostering services for your Institution, accounts provided for classroom use will be School
Accounts. In other cases, in order for accounts established for use in the classroom to
be designated as “School Accounts,” the accounts must be (1) created by School
Personnel (for example, when a teacher creates the user name, login and password to
establish School Accounts, or when the teacher rosters a class using Google Classroom,
Clever, or similar Integrated Service (to the extent we support use of such Integrated
Service)), or (2) created by a School User at the direction of a School, in each case,
using a School email address and associated with a School’s class on the Service. User
accounts created with a personal email address will not be considered School Accounts,
and will be administered as personal accounts. If you have questions about how to
create School Accounts that are associated with a School’s class on the Service, please
contact our customer support team. - 1.6.4. Use of Integrated Services in School Accounts. If you are School Personnel and
you choose to allow your students to log in on the Services using an Integrated Service,
such as Google Classroom or Clever (to the extent we support use of such Integrated
Service), you are responsible for educating your students on the proper use of
Integrated Services and protecting their accounts. See Section 1.3 (Integrated Service).
1.8. Linked Accounts
Scratch Paper may permit a User to associate a personal account with their School Account, by
using the login credentials associated with a personal account to join a class or use the account
for school-directed learning. If a User chooses to associate a personal account with their
School Account, the two accounts will be deemed “Linked” Accounts, and the User’s learning
activity (information regarding use of the Website generated by the User through use of the
Website), whether generated during or outside of the school use, may be viewed by any person
with access to either account. “Linked” Accounts are not separately functioning accounts; they
permit access to a singular Scratch Paper account using more than one account interface or set
of access credentials. Linked Accounts may benefit Students who want to use the Website for
both personal and school purposes, by allowing School Personnel to have a deeper
understanding of Student progress, and by allowing Users to keep track of all of their Scratch
Paper learning activity on an aggregate basis. The User’s election to enable account linking
must be made, if at all, in connection with the initial account registration and rostering process
for a given school year. Once accounts are linked, they cannot be separated. Scratch Paper
may (but is not required to) enable linking of accounts as described herein. Upon any
termination of the School Account by authorized School Personnel, the User’s learning activity
(including any learning activity from school use) will be retained in any Linked personal account.
1.9. School Districts
Scratch Paper may enter into supplemental written agreements with school districts with respect
to use of the Services on a district-wide basis (“District Agreements”). Pursuant to District
Agreements, we may provide additional services to school districts, and/or may provide
additional undertakings to school districts with respect to the Services. Except as otherwise
provided in a District Agreement, these Terms remain in effect for all individual Users of the
Services in the relevant district.
1.10. International Use
Scratch Paper operates the Services in the United States. If you choose to access our Services
from locations outside the United States, you consent to the collection, transmission, use,
storage and processing of content and data (including your personal information) in the United
States. You agree to comply with and are solely responsible for ensuring compliance with all
local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if
and to the extent local laws are applicable to use of our Services. If you are under the age of 18
(or the age of majority in the jurisdiction in which you reside), you confirm that you have
received parental consent, if required in your jurisdiction, to open an account for Service and
enter into these Terms. Unless we have entered into a separate, mutually executed written
agreement with you that says otherwise, we do not represent that our Services are appropriate
or available for use in jurisdictions outside the United States. The right to access and use the
Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use
would render Scratch Paper in violation of any applicable laws or regulations, including without
limitation, Applicable Privacy Laws. - Privacy Policy
Your privacy is important to Scratch Paper. Please read the Scratch Paper Privacy Policy and
Scratch Paper Kids Privacy Policy carefully for information relating to Scratch Paper’s collection,
use, and disclosure of your personal information. Among other things, our Scratch Paper
Privacy Policy and Scratch Paper Kids Privacy Policy explain how we treat your personal
information and protect your privacy when you use our Services, and explain the procedures by
which Users, Parent Users and School Personnel may view, update, correct, or delete their
account and personal information. - Other Guidelines
When using the Services, you will be subject to any additional posted guidelines or rules
applicable to specific services and features which may be posted from time to time (the
“Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms. - Modification of the Terms
4.1. General
Upon opening an account, you accept the Terms in the form posted on our website. Scratch
Paper reserves the right, at our discretion, to change, modify, add, or remove portions of the
Terms at any time. Please check the Terms and any Guidelines periodically for changes that
are made after you open your account. Your continued use of the Services after the posting of
changes constitutes your binding acceptance of such changes. For any material changes to the
Terms, Scratch Paper will make reasonable effort to provide notice to you of such amended
Terms, such as by an email notification to the address associated with your account or by
posting a notice on the Services, and such amended terms will be effective against you on the
earlier of (i) your actual notice of such changes and (ii) thirty days after Scratch Paper makes
reasonable attempt to provide you such notice. However, changes addressing new functions for
a service or changes made for legal reasons will be effective immediately. If you do not agree to
the modified Terms, you must discontinue your use of the Services. Disputes arising under
these Terms will be resolved in accordance with the version of the Terms in place at the time the
dispute arose.
4.2. School Accounts
The following provisions apply to School Accounts in addition to the provisions set forth in
Section 4.1 (General) above. If a change with respect to how personal information contained in
education records is used or shared has a material adverse impact on Student Users or an
Institution, and the Institution does not agree to the change, the Institution must notify Scratch
Paper within thirty days of receiving the notice of change as described under Section 15.1
(Notice) below. If Scratch Paper is notified as required, then the School Accounts held by that
Institution will remain governed by the Terms in effect immediately prior to the change until the
end of the end of the then current term of the Institution’s written service agreement with Scratch
Paper, or, in the absence of such an agreement, the end of the current school term. If the
Services are renewed or continued after such time, they will be renewed or continued under
Scratch Paper’s then-current Terms. - User Content License Grant
5.1. User Content and Ownership
Scratch Paper may permit (a) the posting and/or publishing by you and other Users of notes,
questions, comments, ratings, reviews, images, videos and other audio-visual materials and
communications (collectively, “User Postings”) and (b) the posting, creation, or modification by
you and other users of computer code (including source code and object code) (“User Code”)
(User Postings and User Code, collectively, “User Content”). You understand that whether or
not such User Content is published, Scratch Paper does not guarantee any confidentiality with
respect to any submissions. Consistent with Applicable Law, as between Scratch Paper and
you, you retain all ownership rights you have in any User Content you post or publish to the
Services, and Scratch Paper does not claim any ownership rights in or to such User Content.
You acknowledge that you are solely responsible for your User Content and the consequences
of posting, creating, or publishing such User Content.
5.2. License Grant to Scratch Paper
By posting, submitting or distributing User Content on or through the Services, you hereby grant
to Scratch Paper a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free
right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative
works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in
part, in any media formats and through any media channels (now known or hereafter
developed, to the extent consistent with applicable law and Scratch Paper’s Privacy Policy).
Such license is perpetual and irrevocable, except to the extent required to comply with
Applicable Privacy Law relating to ownership and control of your personal information, including
education records. With respect to School Accounts, consistent with Applicable Privacy Law, as
between Scratch Paper and you, you (or your school, as applicable) retain all ownership rights
you have in any User Content to the extent such content is an education record.
5.3. License Grant to Users
5.3.1. User Postings. By posting, submitting or distributing User Postings through the Services,
you hereby grant to each User of the Services a non-exclusive license to access and use your
User Postings in any manner permitted or made available by Scratch Paper on or through the
Services.
5.3.2. User Code. By posting, submitting or distributing User Code through the Services, you
hereby grant to each User of the Services a non-exclusive license to access, use, reproduce,
and distribute your User Code as fully permitted under, and in accordance with the terms of, the
MIT license (the “MIT License”).
5.3.3. Downloadable Content. The Services may permit you to download mobile applications
or certain digital educational content (“Downloadable Content”). Subject to your complete and
ongoing compliance with all the terms and conditions set forth herein, Scratch Paper grants you,
a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download,
install, view and use the Downloadable Content, in object code form, on devices owned or
controlled by you, solely for your personal, non-commercial purposes. You agree not to (i)
modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent
or otherwise create or implement any workaround to any copy protection, rights management,
technical limitations or security features in or protecting the Downloadable Content, and (iii)
remove any copyright and other proprietary notices on the Downloadable Content and all copies
thereof.
5.4. Access to Your User Content
Scratch Paper may permit Users to share their User Content with a select group of other Users,
or make their User Content public for all (even non-Services users) to view. You acknowledge
and agree that, although Scratch Paper may provide certain features intended to allow you to
restrict some User Content you create from others, Scratch Paper does not guarantee that such
User Content will never be accessible by others. In the event of unauthorized access, Scratch
Paper will use reasonable efforts to notify you pursuant to Section 15.1 (Notice) below. Scratch
Paper HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY
UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
5.5. User Content Disclaimer
You understand that when using the Services you will be exposed to User Content from a
variety of sources, and that Scratch Paper is not responsible for the accuracy, usefulness, or
intellectual property rights of or relating to such User Content. You further understand and
acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or
objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against Scratch Paper with respect thereto. Scratch Paper
does not endorse any User Content or any opinion, recommendation or advice expressed
therein, and Scratch Paper expressly disclaims any and all liability in connection with User
Content.
5.6. Feedback
By submitting suggestions or other feedback related to our Services to us, you agree that we
can (but do not have to) use and share such feedback for any purpose without compensation to
you. We will honor any limits we agree to at the time we collect feedback. - Digital Millennium Copyright Act
It is Scratch Paper’s policy to respond to notices of alleged copyright infringement that comply
with the Digital Millennium Copyright Act. For more information, please go to Scratch Paper’s
DMCA Notification Guidelines. Scratch Paper will promptly terminate without notice your access
to the Services if you are determined by Scratch Paper to be a “repeat infringer.” A repeat
infringer is a User who has been notified by Scratch Paper of infringing activity violations more
than twice and/or who has had User Content or any other user-submitted content removed from
the Services more than twice. - Proprietary Materials; Licenses
7.1. Proprietary Materials
The Services are owned and operated by Scratch Paper. The visual interfaces, graphics,
design, compilation, information, computer code (including source code or object code),
software, services, content, educational videos and exercises, and all other elements of the
Services (the “Services Materials”) are protected by United States and international copyright,
patent, and trademark laws, international conventions, and other applicable laws governing
intellectual property and proprietary rights. Except for any User Content provided and owned by
Users and except as otherwise set forth in this Section 7 (Proprietary Materials; Licenses), all
Services Materials, and all trademarks, service marks, and trade names, contained on or
available through the Services are owned by or licensed to Scratch Paper, and Scratch Paper
reserves all rights therein and thereto not expressly granted by these Terms.
7.2. Licensed Educational Content
Scratch Paper may make available on the Services certain educational videos, exercises, and
related supplementary materials that are owned by Scratch Paper or its third-party licensors (the
“Licensed Educational Content”). Scratch Paper grants to you a non-exclusive,
non-transferable right to access and use the Licensed Educational Content as made available
on the Services by Scratch Paper solely for your personal, non-commercial purposes. Unless
expressly indicated on the Services that a particular item of Licensed Educational Content is
made available to Users under alternate license terms, you may not download, distribute, sell,
lease, modify, or otherwise provide access to the Licensed Educational Content to any third
party.
7.2.1. Alternate Licenses. In certain cases, Scratch Paper or its licensors may make available
Licensed Educational Content under alternate license terms, such as a variant of the Creative
Commons License (as defined below) (each, an “Alternate License”). Where expressly
indicated as such on the Services, and subject to the terms and conditions of these Terms, the
applicable Licensed Educational Content is licensed to you under the terms of the Alternate
License. By using, downloading, or otherwise accessing such Licensed Educational Content,
you agree to comply fully with all the terms and conditions of such Alternate License.
7.2.2. Creative Commons License. Unless expressly otherwise identified on the Services with
respect to a particular item of Licensed Educational Content, any reference to the “Creative
Commons”, “CC” or similarly-phrased license shall be deemed to be a reference to the Creative
Commons Attribution-NonCommercial-ShareAlike 3.0 United States License (the “Creative
Commons License”).
7.3. Licensed Educational Code
Scratch Paper may make available, or allow Users to create and make available, on or through
the Services certain educational, user-readable source code in connection with the “Computer
Science” modules or exercises available on the Services (the “Licensed Educational Code”).
Unless otherwise indicated, all Licensed Educational Code is the property of Scratch Paper or
third-party licensors and, subject to the terms and conditions of these Terms, is licensed to you
under the terms of the MIT License. By downloading or otherwise accessing such Licensed
Educational Code, you agree to comply with all the terms of the MIT License.
7.4. Non-Commercial Use
The Licensed Educational Content and Licensed Educational Code are intended for personal,
non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any
Alternate License for such Licensed Educational Content, the Licensed Educational Content
may not be used, distributed or otherwise exploited for any commercial purpose, commercial
advantage or private monetary compensation, unless otherwise previously agreed in writing by
Scratch Paper.
7.4.1. Impermissible Uses. Without limiting the generality of the foregoing, the following are
types of uses that Scratch Paper expressly defines as falling outside of “non-commercial” use: - 7.4.1.1. the sale or rental of (1) any part of the Licensed Educational Content, (2) any
derivative works based at least in part on the Licensed Educational Content, or (3) any
collective work that includes any part of the Licensed Educational Content; - 7.4.1.2. providing training, support, or editorial services that use or reference the
Licensed Educational Content in exchange for a fee; and - 7.4.1.3. the sale of advertisements, sponsorships, or promotions placed on the Licensed
Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or
promotions on any website or blog containing any part of the Licensed Educational
Material, including without limitation any “pop-up advertisements”.
7.4.2. Use Characterization. Whether a particular use of the Licensed Educational Content is
“non-commercial” depends on the use, not the user. Thus, a use of the Licensed Educational
Content that does not require that users pay fees and that does not provide an entity with a
commercial advantage is “non-commercial,” even if this use is by a commercial entity.
Conversely, any use that involves charging users in connection with their access to the Licensed
Educational Content is not “non-commercial,” even if this use is by a non-profit entity. As an
example, a for-profit corporation’s use of the Licensed Educational Content for internal
professional development or training of employees is permitted, so long as the corporation
charges no fees, directly or indirectly, for such use. Conversely, as another example, a
non-profit entity’s use of the Licensed Educational Content in connection with an fee-based
training or educational program is NOT “non-commercial” and is not permitted.
7.5. Crediting Scratch Paper
If you distribute, publicly perform or display, transmit, publish, or otherwise make available any
Licensed Educational Content or any derivative works thereof, you must also provide the
following notice prominently along with such Licensed Educational Content or derivative work
thereof: “All Scratch Paper content is available for free at www.scratchpaper.org and adhere to
the Scratch Paper brand guidelines. - Prohibited Conduct
YOU AGREE NOT TO: - 8.1. use the Services for any commercial use or purpose unless expressly permitted by
Scratch Paper in writing, it being understood that the Services and related services are
intended for personal, non-commercial use only; - 8.2. except as expressly permitted under Sections 5.3 (License Grant to Users) and 7
(Proprietary Materials; Licenses) of these Terms, rent, lease, loan, sell, resell,
sublicense, distribute or otherwise transfer the licenses for any Services Materials; - 8.3. post, upload, or distribute any defamatory, libelous, or inaccurate User Content or
other content; - 8.4. post, upload, or distribute any User Content or other content that is unlawful or that
a reasonable person could deem to be objectionable, offensive, indecent, pornographic,
harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically
offensive, promoting of violence, hostility, or discrimination, or otherwise inappropriate; - 8.5. use the Services in any manner that is harmful to minors, or in any manner that
violates Scratch Paper’s Community Guidelines; - 8.6. impersonate any person or entity, falsely claim an affiliation with any person or
entity, or access the Services accounts of others without permission, create accounts via
bots or other automated means, or perform any other fraudulent activity; - 8.7. develop, support or use software, devices, scripts, robots, or any other means or
processes (including crawlers, browser plugins and add-ons, or any other technology) to
scrape the Services or otherwise copy lessons and other data from the Services; - 8.8. Use bots or other automated methods to access the Services;
- 8.9. delete (or otherwise obscure or alter) the copyright or other proprietary rights notices
on the Services or on any Licensed Educational Content, Licensed Educational Code, or
User Content; - 8.10. assert, or authorize, assist, or encourage any third party to assert, against Scratch
Paper or any of its affiliates or licensors any patent infringement or other intellectual
property infringement claim regarding any Licensed Educational Content, Licensed
Educational Code, or User Content you have used, submitted, or otherwise made
available on or through the Services; - 8.11. make unsolicited offers, advertisements, proposals, or send junk mail or spam to
other Users of the Services (including, but not limited to, unsolicited advertising,
promotional materials, or other solicitation material, bulk mailing of commercial
advertising, chain mail, informational announcements, charity requests, and petitions for
signatures); - 8.12. use the Services for any illegal purpose, or in violation of any local, state, national,
or international law, including, without limitation, laws governing intellectual property and
other proprietary rights, and data protection and privacy; - 8.13. defame, harass, bully, abuse, threaten or defraud Users of the Services, or collect,
or attempt to collect, personal information about Users or third parties without their
consent; - 8.14. probe, scan, remove, circumvent, disable, damage or otherwise interfere with or
test the vulnerability of security-related features of the Services, Licensed Educational
Content, Licensed Educational Code, or User Content, features that prevent or restrict
use or copying of any content accessible through the Services, or features that enforce
limitations on the use of the Services, Licensed Educational Content, Licensed
Educational Code, or User Content, or otherwise access, tamper with, or use non-public
portions of the Services without our authorization; - 8.15. reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Services or any part thereof, except and only to the extent that such
activity is expressly permitted by applicable law (in which case you must Contact Scratch
Paper to give notice of the proposed activity and discuss alternative means to obtain the
desired information from Scratch Paper) notwithstanding this limitation; - 8.16. modify, adapt, translate or create derivative works based upon the Services or any
part thereof, except and only to the extent expressly permitted by Scratch Paper herein
or to the extent the foregoing restriction is expressly prohibited by applicable law (in
which case you must Contact Scratch Paper to give notice of the proposed activity and
discuss whether Scratch Paper is willing to provide the desired derivative works); or - 8.17. intentionally interfere with or damage operation of the Services or any user’s
enjoyment of it, by any means, including without limitation by participation in any
denial-of-service type attacks or by uploading or otherwise disseminating viruses,
adware, spyware, worms, or other malicious code. - Third-Party Sites, Products and Services; Links
The Services may include links or references to other web sites or services solely as a
convenience to Users (“Reference Sites”). Scratch Paper does not endorse any such
Reference Sites or the information, materials, products, or services contained on or accessible
through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE
INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH
REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. - Term and Termination
10.1. Term
These Terms shall remain in full force and effect while you use the Services unless your account
is terminated as provided in these Terms, in which case you no longer have the right to use the
Services.
10.2. Termination by Scratch Paper
Scratch Paper, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict,
suspend or terminate: (i) any account (or any part thereof) you may have with Scratch Paper or
(ii) your use of the Services, and (b) remove and discard all or any part of your account, User
profile, and User Content, at any time. Scratch Paper may also in its sole discretion and at any
time discontinue providing access to the Services, or any part thereof, with or without notice.
You agree that any termination of your access to the Services or any account you may have, or
portion thereof, may be affected without prior notice, and you agree that Scratch Paper will not
be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or
illegal activity may be referred to appropriate law enforcement authorities. These remedies are
in addition to any other remedies Scratch Paper may have at law or in equity. As discussed
herein, Scratch Paper does not permit copyright, trademarks, or other intellectual property
infringing activities on the Services, and will terminate access to the Services, and remove all
User Content or other content submitted, by any Users who are found to be repeat infringers.
10.3. Termination by You
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these
Terms of Service, (iii) Guidelines, (iv) any policy or practice of Scratch Paper in operating the
Services, or (v) any content or information transmitted through the Services, is to terminate the
Terms and your account. You may terminate these Terms at any time (prospectively only) by
deleting your login account with the Services and discontinuing use of any and all parts of the
Services.
10.4. Termination of School Personnel, Child and Student Accounts
Certain Users (e.g., Parent Users and School Personnel) may terminate these Terms with
respect to their account or to a Child or Student User account that was created by them or at
their direction, as provided in this Section.
10.4.1. Termination by School Personnel. School Personnel may terminate use of the Services
individually and/or with respect to School Accounts created by such School Personnel at any
time by contacting us, provided, however, that an Institution may require satisfaction of certain
requirements before School Personnel can terminate accounts created for school use. Prior to
termination of School Accounts at the direction of School Personnel, Scratch Paper may invite
Users, or parents or legal guardians of Students, to establish and maintain a personal account
for purposes of retaining any content generated or provided and owned by Users under these
Terms (including such User’s learning activity). Any such Personal accounts will be established
under Scratch Paper’s standard account opening process, including parent consent for Users
under the age of 13.
10.4.2. Termination by Parents. As a Parent User, if you created a Child account on the
Services and have a Parent User account associated with the Child account, you can terminate
your Child’s login account through the account profile, or by contacting our customer support
team, although we may need to verify your identity prior to taking any action with respect to the
account. Parents of Students who are using School Accounts created by or at the direction of
your Child’s teacher in school may first need to contact your child’s school to request
termination.
10.5. Responsibility for Pre-Termination activity
Termination of the Terms as to any User account will not limit Scratch Paper’s rights and
remedies regarding any breach of these Terms occurring prior to such termination. - Representations and Warranties
You warrant, represent and agree that you will not provide any User Content or otherwise use
the Services in a manner that (i) infringes, violates or misappropriates another’s intellectual
property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal,
state or local law, statute, ordinance or regulation or which would render Scratch Paper in
violation of any applicable laws or regulations, including without limitation, Applicable Privacy
Laws (collectively, “Applicable Law”); (iii) is harmful, fraudulent, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv)
jeopardizes the security of your account or the Services in any way, such as allowing someone
else access to your account or password or submitting User Content that contains viruses.
Additionally, you represent, warrant and agree that (i) you possess all rights necessary to
provide your User Content and grant Company the rights in these Terms; (ii) you will comply
with Applicable Laws in connection with your use of the Service; and (iii), if you are School
Personnel, you understand that you are solely responsible for providing notices and obtaining
consents required by Applicable Laws for students to use the Services or to provide User
Content, including compliance with the applicable provisions of FERPA and COPPA when using
School Consent. - Indemnification
You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold
harmless Scratch Paper, and its parent, successors, affiliated companies, contractors, officers,
directors, employees, agents and its third-party suppliers, licensors, and partners (“Scratch
Paper Parties”) from and against all losses, damages, liabilities, demands, judgments,
settlements, costs and expenses of any kind (including legal fees and expenses), from any
claim or demand made by any third-party relating to or arising out of (i) your access to, use or
misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the
Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether
by you or by any Child User or School User whose account you have approved as a Parent
User or School Personnel; (iv) your failure to comply with Applicable Laws(including any failure
to obtain or provide any necessary consent or notice); (v) the infringement by you or any
third-party using your account of any intellectual property, privacy, or other right of any person or
entity, including in connection with your User Content, or (vi) your breach or alleged breach of
any interaction, agreement, or policy between you and any other Users. Scratch Paper reserves
the right, at your expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify Scratch Paper, and you agree to cooperate with Scratch Paper’s
defense of these claims. You agree not to settle any such matter without the prior written
consent of Scratch Paper. Scratch Paper will use reasonable efforts to notify you of any such
claim, action, or proceeding upon becoming aware of it. - Disclaimers; No Warranties
13.1. No Warranties
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS,
CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES,
SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH
THE WEBSITE (THE “Scratch Paper OFFERINGS”), ARE PROVIDED ON AN “AS IS,” “AS
AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, THE Scratch Paper PARTIES DISCLAIM ANY AND ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Scratch Paper
OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN.
13.2. Content
SCRATCH PAPER AND THE SCRATCH PAPER PARTIES, DO NOT WARRANT THAT THE
WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION
OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF
ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT
ANY OF THE FOREGOING WILL BE CORRECTED.
SCRATCH PAPER AND THE SCRATCH PAPER PARTIES MAKE NO REPRESENTATION OR
WARRANTY THAT (1) THE Scratch Paper OFFERINGS WILL (A) MEET YOUR
REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY,
SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT
THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3)
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE
NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
13.3. Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR
OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA
THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN
DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF
DATA THAT RESULTS THEREFROM.
13.4. Limitations by Applicable Law
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION. - Limitation of Liability and Damages
14.1. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL
SCRATCH PAPER OR THE SCRATCH PAPER PARTIES BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY
DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY
UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST
REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR
NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF Scratch
Paper OR A SCRATCH PAPER PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF
(OR INABILITY TO USE) THE WEBSITE OR THE SCRATCH PAPER OFFERINGS, OR (iii)
ANY OTHER INTERACTIONS WITH SCRATCH PAPER OR ANY THIRD-PARTY THROUGH
OR IN CONNECTION WITH THE SCRATCH PAPER OFFERINGS, INCLUDING OTHER
USERS,. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SCRATCH PAPER’S
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.2. Limitation of Damages
IN NO EVENT WILL SCRATCH PAPER’S OR THE SCRATCH PAPER PARTIES’ TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT
OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR
INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID
BY YOU TO SCRATCH PAPER, IF ANY, FOR ACCESSING THE WEBSITE DURING THE
TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE
HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
14.3. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT SCRATCH PAPER HAS OFFERED THE WEBSITE
AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR
ALLOCATION OF RISK BETWEEN YOU AND SCRATCH PAPER, AND THAT THE
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SCRATCH PAPER. SCRATCH
PAPER WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN
ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14.4. User Interactions and Release
14.4.1. User Disputes. Scratch Paper is not responsible for the actions, content, information or
data of other third parties, including other Users. You are solely responsible for your interactions
with other users of the Services, and any other parties with whom you interact through the
Service. You should make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline interaction with any other person. We reserve the right, but
have no obligation, to become involved in any way with these disputes.
14.4.2. Release. If you have a dispute with one or more Users, you release us (and the Scratch
Paper Parties) from all claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, arising out of or in any way connected with such disputes,
including damages for loss of profits, goodwill, use, privacy or data. If you are a California
resident, you waive your rights under California Civil Code §1542, which says: “A general
release does not extend to claims which the creditor does not know or suspect to exist in his or
her favor at the time of executing the release, which if known by him or her must have materially
affected his settlement with the debtor.” And, if you are not a California resident, you waive your
rights under any applicable statutes of a similar effect, to the fullest extent permissible under
applicable law. - Miscellaneous (Including Dispute Resolution and Arbitration)
15.1. Notice
Scratch Paper may provide you with notices, including those regarding changes to the Terms,
by email, regular mail, postings on the Services, or other reasonable means. Notice will be
deemed given twenty-four hours after email is sent, unless Scratch Paper is notified that the
email address is invalid. Alternatively, we may give you legal notice by mail to a postal address,
if provided by you through the Services. In such case, notice will be deemed given three days
after the date of mailing. Notices posted on the Services are deemed given 30 days following
the initial posting.
15.2. Waiver
The failure of Scratch Paper to exercise or enforce any right or provision of the Terms will not
constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be
effective only if in writing and signed by Scratch Paper.
15.3. Governing Law
The Terms will be governed by and construed in accordance with the laws of the State of
California, without giving effect to any principles of conflicts of law that would cause the
application of the laws of any other jurisdiction.
15.4. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY
AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE
DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
15.4.1. Generally. In order to expedite and control the cost of disputes, Scratch Paper and you
agree that any legal or equitable claim, dispute, action or proceeding arising from or related to
your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest
extent permitted by law:
15.4.2. Notice of Dispute. In the event of a Dispute, you or Scratch Paper must give the other a
written statement that sets forth the name, address, and contact information of the party giving
it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You
must send any Notice of Dispute by first class U.S. Mail to with a copy sent by email to Scratch
Paper. Scratch Paper will send any Notice of Dispute to you by first class U.S. Mail to your
address if Scratch Paper has it, or otherwise to your email address. You and Scratch Paper will
attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days
from the date the Notice of Dispute is sent. After sixty (60) days, you or Scratch Paper may
commence arbitration.
15.4.3. Binding Arbitration. Any Dispute which has not been resolved by negotiation as provided
herein within sixty (60) days or such time period as you and Scratch Paper may otherwise
agree, shall be finally resolved by binding arbitration as described in this Section 15.4 (Dispute
Resolution and Arbitration). You are giving up the right to litigate (or participate in as a party or
class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved
before a neutral arbitrator, whose decision will be final except for a limited right of appeal under
the Federal Arbitration Act. The place of arbitration shall be Santa Clara County, California.
Any court with jurisdiction over the parties may enforce the arbitrator’s award.
15.4.4. Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will
be conducted solely on an individual basis. Neither you nor Scratch Paper will seek to have any
Dispute heard as a class action or in any other proceeding in which either party acts or
proposes to act in a representative capacity. No arbitration or proceeding will be combined with
another without the prior written consent of all parties to all affected arbitrations or proceedings.
You may file a Dispute only on your own behalf and cannot seek relief that would affect other
Users. If there is a final judicial determination that any particular Dispute cannot be arbitrated in
accordance with the limitations of this Section 15.4 (Dispute Resolution and Arbitration), then
only that Dispute may be severed and brought in court. All other Disputes remain subject to this
Section 15.4 (Dispute Resolution and Arbitration).
15.4.5. Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS
Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the
Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS
Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the
arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum
provided by JAMS is unavailable, Scratch Paper and you agree to select a mutually agreeable
alternative dispute resolution service and that such alternative dispute resolution service shall
apply the JAMS Rules. The arbitrator may award the same damages to you individually as a
court could. The arbitrator may award declaratory or injunctive relief to you only individually,
and only to the extent required to satisfy your individual claim.
15.4.6. Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If Scratch
Paper files, then Scratch Paper will pay; if you file, then you will pay unless you get a fee waiver
under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys,
experts, and witnesses, and other expenses, regardless of which party prevails, but a party may
recover any or all expenses from another party if the arbitrator, applying applicable law, so
determines.
15.4.7. Filing Period. To the extent permitted by law, any Dispute under these Terms must be
filed within one (1) year in an arbitration proceeding. The one-year period begins when the
events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is
permanently barred.
15.4.8. Venue. In the event that any Dispute cannot be resolved by binding arbitration in
accordance with this Section 15.4 (Dispute Resolution and Arbitration), you agree that such
Dispute will be filed only in the state or federal courts in and for Santa Clara County, California,
and each of you and Scratch Paper hereby consent and submit to the personal and exclusive
jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this,
Scratch Paper shall still be allowed to apply for injunctive or other equitable relief to protect or
enforce its intellectual property rights in any court of competent jurisdiction.
15.5. Severability
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason
unenforceable, then that provision will be limited or eliminated from the Terms to the minimum
extent necessary and will not affect the validity and enforceability of any remaining provisions.
15.6. Assignment
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be
transferred or assigned by you without Scratch Paper’s prior written consent, but may be
assigned by Scratch Paper without consent or any restriction. Any assignment attempted to be
made in violation of the Terms shall be null and void.
15.7. Survival
Upon termination of the Terms, any provision which, by its nature or express terms should
survive, will survive such termination or expiration, including, but not limited to, Sections 2
(Privacy Policy), 4 (Modification of the Terms) through 6 (Digital Millennium Copyright Act), 7.1
(Proprietary Materials), 7.4 (Non-Commercial Use), 7.5 (Crediting Scratch Paper), and 8
(Prohibited Conduct) through 15 (Miscellaneous (Including Dispute Resolution and Arbitration)).
15.8. Headings
The heading references herein are for convenience purposes only, do not constitute a part of
the Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.9. Entire Agreement
The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and
Scratch Paper relating to the subject matter herein and will not be modified except in writing,
signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by
Scratch Paper as set forth in Section 4 (Modification of the Terms) above.
15.10. Disclosures
The Services are hosted in the United States, and the services provided hereunder are offered
by Scratch Paper.
15.11. Notice Regarding Apple
In addition to the sections above, and notwithstanding any other provision of these Terms, this
Section applies with respect to your use of any mobile application governed by these Terms on
an Apple iOS device. To the extent the other sections of these Terms are less restrictive than, or
otherwise in conflict with, the terms of this Section, the more restrictive or conflicting terms in
this Section apply. You acknowledge that these Terms are between you and Scratch Paper only,
not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has
no obligation whatsoever to furnish any maintenance and support services with respect to the
Services. In the event of any failure of the Services to conform to any applicable warranty, then
you may notify Apple and Apple will refund the purchase price for the applicable mobile
application to you, if any; and, to the maximum extent permitted by applicable law, Apple has no
other warranty obligation whatsoever with respect to the Services. Apple is not responsible for
addressing any claims by you or any third party relating to the Services or your possession
and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim
that the Services fail to conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation. Apple is not responsible for the
investigation, defense, settlement and discharge of any third-party claim that the Services or
your possession and use of the Services infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms, including Apple’s App Store Terms of
Service, when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries
of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be
deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary
of the Terms. You hereby represent and warrant that (i) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S. Government
as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
